Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31195 of 2018 Petitioner :- Sonu Chaudhary And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.
I. R., which has been registered as Case Crime No. 291 of 2018, under Sections- 376, 323, 504 and 120-B I. P. C. at P. S.-Munderva, district-Basti.
It has been submitted by learned counsel for the petitioners that lodging of the impugned F. I. R. by respondent no. 3 against the petitioners was preceded by an application filed by respondent no. 3 under Section-156 (3) Cr. P. C. before A. C.
J. M., Basti, which was treated as complaint and they were summoned under Sections-498A, 323 and 506 I. P. C., in which they had surrendered and obtained bail. Now the impugned F. I. R. has been lodged against the petitioners pursuant to an order passed on the second application filed by respondent no. 3 on 29.5.2018 under Section 156 (3) Cr. P. C., which has been registered as Case Crime No. 291 of 2018, under Sections-376, 323, 504 and 120-B I. P. C. at P. S.- Munderva, district-Basti falsely alleging that the petitioner No. 1 had duped her in physical relationship on the promise of marrying her, although no such allegation was made in the earlier application moved by her. He has also submitted that from the allegations made in the F. I. R. it is crystal clear that the same has been registered with the purpose of harassing the petitioners, hence the same is liable to be quashed.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I.
R. is refused.
However, considering the nature of the allegations made in the F. I. R., the provisions of Section 157 Cr. P. C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U. P.; 1994 Cr. L. J. 1981, it is directed that the petitioners shall not be arrested in abovementioned case, till the credible evidence is not collected by the investigating officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 31.10.2018 HR